2019 picks from the Acclimatise article archive – Law

2019 picks from the Acclimatise article archive – Law

Our second article of top picks from our 2019 article archive, features six articles related to climate adaptation and the legal services sector. As climate change and its impacts become increasingly transparent, so has a rise in litigation and the emergence of climate-specific national legislation and policies.  With exposure to legal liability an almost certainty resulting from a failure to understand, disclose and manage climate risk, it is vital to look ahead in an effort to reduce legal liabilities in a changing climate. 

Climate risk disclosures remain a firm part of the voluntary disclosure landscape, due largely in part to the Task Force on Climate-related Financial Disclosures (TCFD) recommendations. In fact, recent analysis from accounting literature finds that firms following best practice through TCFD-style scenario-analysis and disclosures stand to benefit from minimising liability risk. Over the next decade, Acclimatise will continue to work on physical climate risk and adaptation with corporates and financial institutions helping them to identify and respond to physical risks.

Update to landmark legal opinion highlights growing climate liability of company directors

By Robin Hamaker-Taylor and Nadine Coudel

The 2016 Hutley opinion set out the ways that company directors who do not properly manage climate risk could be held liable for breaching their legal duty of due care and diligence. An update by the Centre for Policy Development reinforces and strengthens the original opinion by highlighting the financial and economic significance of climate change and the resulting risks.

Read the full article here.

Climate change could lead to great wave of legal liability

By Nadine Coudel and Dr Richard Bater 

New International law governing the transition to a low-carbon society and responses to climate risk is driving a rapid rise in climate-specific national legislation and policies, and an increasing amount of litigation. For companies, governments and other organisations these developments provide clear impetus to understand, disclose and manage climate risk. Failure to do so will increase exposure to legal liability. 

Read the full article here.

Climate and law: Sarah Barker, Special Counsel and Head of Climate Risk Governance at MinterEllison

By Will Bugler

In this Acclimatise Conversation on Climate Change Adaptation, Sarah Barker, Special Counsel and Head of Climate Risk Governance at MinterEllison, talks us through why it is so important, from a legal perspective, for businesses to govern for the financial risks associated with climate change.

Read the full article and listen to the podcast here.

Podcast: Global law firm Clyde & Co warns clients of a ‘wave of litigation’ from climate change

By Acclimatise News

In this Acclimatise Conversation on Climate Change Adaptation, we speak with Clyde and Co lawyers Wynne Lawrence and Nigel Brook, about the emerging field of climate liability risk and the pioneering works that the firm is doing to advise its clients about how to respond.

Read the full article and listen to the podcast here.

Podcast: Legal implications of climate change are a big deal for corporates says legal analyst Marcela Scarpellini

By Acclimatise News

In this Accliamtise Conversation on Climate Change Adaptation, we speak with Marcella Scarpellini, a lawyer and legal analyst at right.based on science, a climate metrics and data services provider that is helping companies manage the financial risks of climate change. Here she discusses why legal implications of climate change are a big deal for corporates.

Read the full article here.

Voluntary climate disclosures can reduce litigation risk

By Robin Hamaker-Taylor, Richard Bater, Nadine Coudel

With climate risk disclosures now a crucial part of the voluntary disclosure activities of many corporates and financial institutions, questions around the extent to which they may leave disclosures exposed to litigation linger. Recent analysis from the accounting literature indicates that voluntary disclosures can actually lead to reduced litigation risk.

Read the full article here.


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